Digamber vs Kachru Dead Thr Lrs.

The Supreme Court upheld the High Court's decision that the appellants, as mortgagees, cannot claim the benefits of Section 5 of the Hyderabad Tenancy and Agricultural Lands Act, 1950, which excludes mortgagees in possession from being deemed tenants. The Court affirmed the findings of the Additional Collector and the Additional Commissioner that the sons of Kisan Punde were entitled to possession of the agricultural land under Section 10 of the Prevention of Agricultural Lands Alienation Act, 1939. The appeal was dismissed, confirming the lower courts' rulings regarding the maintainability of the proceedings initiated by the respondents.